I have been arguing for some time that it is a road and if that goes away my win in tribunal case 2190038219 which has been followed a dozen times might become less persuasive.
The locus of the contravention is correct. The junction box is sited on Barnet High Street and has junctions with Bath Place and St Albans Road. The Penalty Charge Notice states the contravention occurred at High Street, junction with St Albans Road. I am satisfied the Penalty Charge Notice adequately detailed the location of the alleged contravention.
A box junction must be located at ‘a junction between two or more roads.’ The purpose is to ensure vehicles have unrestricted access at the junction and traffic flow is not impeded. However, plainly a box junction must not extend beyond the junction as it would serve no useful purpose and would not achieve the statutory objective. A box junction need not be inch perfect and may, depending on the road layout, extend beyond the junction. If a box junction extends beyond the junction and a vehicle only stops within the extended portion of the box junction it may be the case that no contravention has occurred. Any extension would not, in my view, render the whole of the box junction unenforceable. Each case is highly fact specific.
This box junction in this case is sited at a junction of two or more roads. The box junction substantially complies with the statutory specification up until it appears to extend about a car length or so beyond the junction. The appellant’s vehicle was within this extended portion.
The issue was raised by the appellant. The Enforcement Authority addressed this matter as follows:
“The Council can confirm that the junction is compliant with the requirements of the Traffic Signs Regulations and General Directions (TSRGD) 2016 (Evidence Category J).”
The Enforcement Authority provided copies of the 2016 Regulations but provided no argument as to how this junction is compliant. It is the Enforcement Authority's role to present evidence and submissions to prove their case.
On the state of the evidence in this case I am not persuaded that the contravention occurred. On this basis, and this basis alone, I allow this appeal.